Terms AND CONDITIONS

By browsing, using, visiting, or accessing this Website or any data or content from this Website, or otherwise registering for any services offered by the Company through the Website, you are indicating that you have read, understood and agree to be irrevocably and unconditionally bound by the terms and conditions stated herein (Terms). You should review these Terms, because they are binding on you.
The term “you” as used in these Terms is a reference to all individuals and/or entities accessing or using this Website for any reason, including landlords who seek to engage the services of an Agent.

1.

No warranty

  • Landlord Reward Pty Ltd ACN 674 980 468 (Company) the Company and its contractors are responsible for maintaining this Website and all publications, content, data or the like uploaded on this Website make no warranty as to the accuracy or reliability of the information contained therein. This extends to any content, data or information generated or uploaded to this Website by or on behalf of the Company and/or any third party and/or any user or subscriber to this Website.
  • The Company, its associated entities, related entities, officers and employees are not liable or responsible for any loss or damage which may be caused to any recipient by directly or indirectly relying on anything contained in or omitted from our Website or any information or data contained therein.
  • You acknowledge that you access this Website at your sole and absolute risk and by accessing this Website you expressly and irrevocably release the Company from any and all liability which may accrue as a direct or indirect result of your access and access to this Website and reliance upon any data or information therein.

2.

Restrictions

  • By browsing, accessing or otherwise using this Website, you warrant and agree that you must not and will not:
    1. use the Website in order to transmit, distribute, store or destroy material (including material that contains viruses, spyware, or the like) in any way and for any purpose (such as material that is defamatory, obscene, threatening, abusive, offensive, inflammatory, discriminatory, harassing, hateful, fraudulent, unlawful, or likely to deceive);
    2. use any device, software, hardware, process or any other technology of any means to access, retrieve, scrape or index this Website or any information, content or data contained therein;
    3. copy or adapt the HTML code that the Company creates to generate any content or the pages making up the Website;
    4. use the content on any other website or in a networked computer environment for any purpose;
    5. interfere with the operation of this Website by any means, through any technology or through any third party (including by attempting to interfere with service to any other user, host or network, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing”);
    6. violating or attempting to violate the security of the Website;
    7. cause excessive and burdensome internet traffic to this Website or the Company infrastructure; or attempting to violate the security of the Website;
    8. modify copies of any content that you make, use the content in any way that is fraudulent or unlawful;
    9. use any data, information or content of this website to compete with the Company in any capacity whatsoever, whether by Website or otherwise;
    10. violate any proprietary rights, property rights, copyrights, privacy or intellectual property rights of the Company or any other person;
    11. use the Website and any content therein to gain a competitive advantage or to the competitive disadvantage of the Company and/or any of its related entities;
    12. violate these Terms or any New South Wales or Australian law, regulation, requirement or code of conduct;
    13. solicit any unauthorised financial benefit from any other user of this Website; or
    14. copy, reproduce, retransmit, create derivate works, sell or display, publicly perform, distribute or otherwise use the content in any way for any public or commercial purpose, or in any way exploit this Website, without the prior express written authorisation of the Company.
  • You acknowledge that if you fail to adhere to the restrictions set out in clause 2(a) above, the Company may proceed with any of the following actions against you:
    1. reporting your conduct to Australian or New South Wales regulatory officials such as the New South Wales Police Force or the Australian Federal Police;
    2. institute technological barriers however the Company deems necessary;
    3. commence Court proceedings seeking damages from you; and/or
    4. commence Court proceedings seeking injunctive and/or declaratory relief against you.
  • Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  • Without limiting the rights of the Company under any other part of these Terms, if you print off, copy, download, modify or link any part of the content available via the Website in breach of these Terms, your right to use the Website may be terminated immediately and you must, at the Company’s option, return or destroy any copies (electronic or otherwise) of the materials you have made.
  • You must indemnify the Company and its related associated entities from any loss suffered as a direct or indirect result of your contravention of clause 2(a) including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.

3.

Copying OF Data

  • This clause is subject to the Copyright Act 1968 (Cth) and nothing in this clause is intended to affect or alter the operation of the Copyright Act 1968 (Cth). In the event of an inconsistency between this clause and the Copyright Act 1968 (Cth), the Copyright Act 1968 (Cth) shall prevail to the extent of that inconsistency.
  • All content included on this Website is the intellectual property of the Company, its associated entities or related entities or its third-party content suppliers. Use of this Website does not transfer any intellectual property rights or copyrights to the user.
  • You must not reproduce, copy or alter any content contained on this Website without the prior express written authority of the Company.

4.

User Information

  • You may be required to provide the Company with certain information, including, without limitation, your name, date of birth, drivers licence (or other form of identification), your email address, telephone number, address of property(s) you own and agreements you have previously signed in respect of management of property(s) you own (Your Information).
  • You represent and warrant that Your Information is accurate and complete and updated when required to reflect any changes thereto.
  • You acknowledge and otherwise provide your consent so that the Company has the right to access Your Information, including any other information and/or documents you provided (including such information that may be personal and/or confidential in nature) and provide such information to any agent you may transact with (Agent) following your access of the Website.
  • Please see our Privacy Policy for information on how we collect, use, hold and may disclose Your Information.

5.

Uploading Data

  • By using this Website, you may be entitled to upload material, information, data, content, text, images, video, audio or the like with the approval of the Company (uploaded data). The Company may reject any request by you to upload any uploaded data to this Website at its sole and absolute discretion.
  • You expressly warrant that the uploaded data is not:
    1. in contravention of any law, regulation, code of conduct or requirement imposed by any authority;
    2. in contravention of copyright or the intellectual property rights of any third party;
    3. misleading or deceptive;
    4. inappropriate noting the purpose of this Website;
    5. materially incorrect;
    6. obscene;
    7. offensive;
    8. defamatory;
    9. maliciously false;
    10. unlawful;
    11. corrupt;
    12. likely to damage the reputation of the Company; or
    13. likely to damage or adversely affect the operation of this Website.
  • You expressly warrant that the uploaded data is:
    1. owned and controlled by you, including any rights in the uploaded data;
    2. able to be lawfully displayed by the Company on this Website;
    3. lawfully obtained by you, including obtainment of all necessary licences, rights, consents and permissions required to use the uploaded data.
  • In the event that you contravene clauses 5(b) or 5(c), you agree and acknowledge that:
    1. the Company may remove, alter, delete or disable the uploaded data at its sole and absolute discretion; and
    2. you indemnify the Company and its related and associated entities from any loss suffered as a direct or indirect result of your contravention, including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.
  • You grant the Company a global, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display your uploaded data through any medium, whether currently in existence or not.
  • The Company is not liable to you for any loss which may be occasioned by use of your uploaded data by another website user. You acknowledge that you upload data to this Website at your sole and absolute risk.

6.

User Submissions

  • You acknowledge and agree that the Company only acts as a passive conduit for the online distribution and publication of the information submitted by you and has no obligation to screen communications or information to or from Agents in advance and is not responsible for screening or monitoring material provided or sent by or to Agents.
  • You warrant and undertake to:
    1. be solely responsible for any verification of any communication, advice, information and/or documents received from an Agent; and
    2. seek independent legal and financial advice as and when required before executing any agreement with an Agent (including an agreement for the management of any property you own).
  • By entering Your Information on this Website, you acknowledge and agree:
    1. to take all responsibility in accessing and communicating with any Agent and you indemnify the Company from any loss, claims or liability arising from such communications and/or representations that may be made to an Agent; and
    2. to be contacted by the Agent(s) and that such communication(s) will not be regarded as unsolicited or as a breach of these Terms or our Privacy Policy.
  • If you notify the Company of communications that allegedly do not conform to these Terms, the Company may investigate such allegation and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to you for performance or non-performance of this investigation and subsequent request to remove communication.
  • The Company reserves the right to expel users and prevent their further access to the Website for violating these Terms or the law and the right to remove communications which are abusive, illegal ,or disruptive. The Company may take any action with respect to any information submitted by you that it deems necessary or appropriate.

7.

Relationship of Real Estate Agents, Sellers and Buyers

  • By entering Your Information via the Website, you are authorising the Company and/or the Agent to liaise with your former managing agent(s) for your property (Former Agent) for the purposes of:
    1. notifying your Former Agent of the appointment of the Agent as the new managing agent of the property;
    2. terminating your former managing agency agreement with the Former Agent on your behalf;
    3. obtaining full copies of all information and documents held by your Former Agent in respect of your property.
  • You agree to indemnify and hold harmless the Company and the Agent in connection with any steps taken by the Company and the Agent in accordance with clause 7(a) above.
  • It is your responsibility to review the terms of your managing agency agreement with the Former Agent on your behalf to confirm that such agreement can be terminated for convenience and without penalty. The Company and/or the Agent is not required to review the terms of your managing agency agreement with the Former Agent prior to issuing notices of termination on your behalf. By entering Your Information via the Website, you are representing and warranting to the Agent and the Company your managing agency agreement with the Former Agent can be terminated for convenience and without penalty.
  • You acknowledge and agree that this Website is merely a platform for providing you with the facility to:
    1. access real estate information and related information, such as information submitted directly to the Website by Agents; and
    2. connect with Agents who are listed on the Website for the management (or potential management) of your property.
  • As this is the case, you release and forever hold harmless the Company from any claims, loss or liabilities arising from:
    1. any relationship between you and any Agent;
    2. any advice, content, information or representations given or made by an Agent;
    3. availability or non-availability of an Agent;
    4. any warranty provided by Agent about the standard, quality or accuracy of any advice, suggestions and information given by an Agent and their skills, credentials, experience, qualifications or other data regarding same;
    5. any claim, loss, damage or other issue arising out of or in connection with any agreement signed by you and an Agent;
    6. the performance or non-performance of any services by an Agent; and/or
    7. any act, omission, negligence or misconduct of an Agent.
  • The Company confirms none of the Agents are employees or agents of the Company and therefore do not assume any responsibility for any act or omission of any of the Agent.
  • You acknowledge and agree that:
    1. the Company is not and will not be a party to any agreement that you and the Agent may form;
    2. you should obtain independent legal and financial advice prior to executing any agreement with the Agent and it is not the responsibility of the Company to advise you on the terms of any such agreement;
    3. the Company will not be liable for enforcing any agreement that was made between you and an Agent(s);
    4. the Company will not be liable for any non-performance of any agreement that was made between you and an Agent(s) (including the failure of an Agent to comply with any such agreement(s).
  • The Company makes no representation and/or warranty in relation to:
    1. the verification of any Agent profiles; and/or
    2. the reliability, adequacy, currency, accuracy or completeness of any information, document or communication made by an Agent.

8.

Use of Calculators and other estimators

  • The Company may from time to time, make available to all users of the Website the use of calculators and estimators (Calculators).
  • You acknowledge and agree that:
    1. all calculations made by Calculators are estimates provided as a guide only, and are solely dependent on the quality and accuracy of the information which is submitted into them by you;
    2. Calculators may not take into account additional and external fees, charges or other amounts that may also be chargeable to or payable by you; and
    3. the Company will not be liable for any reliance by you on the results computed by a Calculator, which is intended to provide estimates of amounts only and not to be taken by you as a final and binding calculation or offer by the Company, nor a guarantee of any return or income.

9.

Fees payable to landlords

  • Any amounts which are expressed to be payable to landlords on the Website are payable by the Agent and not the Company in accordance with the terms of any binding managing agency agreement you may sign with the Agent. The Company is not responsible or liable for any such payments.
  • Unless otherwise specified on the Website, the amount which may be payable to landlords by Agents is based on the actual amount of weekly rent payable for the letting of property owned by the landlord, as verified by the Agent.
  • If the property owned by the Landlord is vacant, the amount will be based on an estimate of the weekly rental income for the property specified in the managing agency agreement signed by the landlord and the Agent. The amount will be recalculated based on the weekly rental amount for which the property is actually leased and if that amount differs to the fee paid to you by the Agent, you and the Agent shall each account to each other for any overpayment or underpayment as the case may be.
  • If an Agent fails to make any such payment, the Company is not required to make such payment on behalf of the Agent, although it may choose to do so, in its sole and absolute discretion.
  • An Agent is only obligated to make a payment to you in accordance with the terms of the managing agency agreement you have signed with that Agent that has become legally binding. You should obtain independent legal and financial advice before executing any such managing agency agreement.
  • If an Agent is required by law to withhold any taxes or levies from any payments due to landlords, the Agent may do so without requiring any further authority.
  • You agree and acknowledge that:
    1. any amount expressed to be payable to you via the Website is payable to you on a once-off basis and not a recurring basis;
    2. the amount is payable to you by the Agent in exchange for you signing a two (2) year fixed term (Initial Fixed Term) managing agency agreement with the Agent for the management of your property, during which time it may only be terminated by you (despite any other provision of the agreement) in the event that the Agent has breached its obligations under the agreement and has failed to remedy that breach within fourteen (14) days after being notified by you of that breach;
    3. if the managing agency agreement is terminated or rescinded before the end of the Initial Fixed Term for any reason, you must repay to the Agent the amount of the payment you receive to the extent it relates to the period after the termination or rescission. This calculation is more accurately set out in the managing agency agreement you sign with the Agent. You authorise the Agent to retain any amount payable to the Agent under this term from the rental income held by the Agent on your behalf;
    4. any failure by you to comply with your obligations under any such managing agency agreement may result in legal action against you by the Agent, which can include, but may not be limited to, recovery of any fees paid to you by the Agent.

10.

Fees payable to Agents

You are required to pay any fees which may be payable to an Agent in accordance with the terms of any managing agency agreement you have signed with that Agent that has become legally binding.

11.

Fees payable to the Company

  • The Company discloses that it will be paid “platform use fees” by Agents in exchange for the Agents use of the Website. The terms of such fees are set out in separate agreements between the Agent and the Company and are confidential in nature.
  • You are not required to pay the Company for your use of the Website.

12.

Third-Party Content

  • You acknowledge that this Website may from time to time contain information, data and content uploaded by third parties (Third-Party Content).
  • The Company does not in any way monitor the Third-Party Content on this Website and makes no warranty as to the accuracy of such Third-Party Content. For that purpose, the Company is not liable or responsible for any matters pertaining from the Third-Party Content whether directly or indirectly.
  • You rely upon Third Party Content on this Website at your sole and absolute risk, and you acknowledge that the Company makes no express or implied representations as to the Third Party Content or the accuracy thereof.
  • You are responsible for making your own independent enquiries in respect of the Third-Party Content on this Website, including the reputation, performance, experience and skillset of an Agent. You acknowledge that the Third-Party Content does not necessarily represent the view of the Company.
  • You release and hold harmless the Company from any and all liability arising from any Third-Party Content on this Website.

13.

Advertising

  • The Company is entitled to, at its sole and absolute discretion, upload and include advertisements and links to third party material (such as contact details of users) and other third-party websites on this Website.
  • Such third-party material and third-party websites are not part of this Website and are not controlled by the Company by any means whatsoever. The Company makes no warranty or express or implied representations as to the accuracy or reliability of the third-party material and third-party websites or any information, data or material contained therein.
  • You acknowledge that you access such third-party material and third-party websites at your sole and absolute risk. For that purpose, the Company is not liable or responsible for any matters or liability pertaining from the third-party material and third-party websites and you agree to release the Company from such liability.

14.

Warranties

  • You expressly warrant that:
    1. you agree to be irrevocably and unconditionally bound by these Terms; and
    2. your use of this Website is conditional upon compliance with these Terms.

15.

General Indemnity

  • It is an essential term of these Terms that you must indemnify the Company, its related and associated entities, its officers and its employees for any loss or damage arising out of, whether directly or indirectly, your use of and access to this Website and any contravention of these Terms.
  • The indemnity provided in clause 15(a) is a continuing indemnity and continues notwithstanding your cessation of use of this Website.

16.

Disclaimer

No term or condition of these Terms has the effect of replacing, overriding, or otherwise removing, your statutory rights.

17.

Amendments or Variations

The Company may, from time to time, make changes to these Terms, or to specific functions of this Website. It is your responsibility to monitor these Terms from time to time to ensure that you remain compliant with what is required from you when using this Website or otherwise. Changes to these Terms will be effective immediately upon publishing on this Website.

18.

Severability

If any term or condition of these Terms are deemed invalid, void, or unenforceable for any reason whatsoever, that term or condition will be deemed severable and will not affect the overall validity and enforceability of the remainder of the Terms.

19.

Termination

The Company reserves its right to terminate or suspend your access to the Website, and shall not be required to provide you with any reasons why it has suspended or terminated your access. However, generally, such suspension or termination will only occur if you are found to be in serious violation of any of these Terms.

20.

Governing Law

  • You irrevocably agree that by using this Website and subsequently, your acceptance of these Terms, that these Terms are governed by and construed in accordance with the laws of New South Wales and Australia.
  • You agree, to submit to the non-exclusive jurisdiction of the Courts of New South Wales and Australia.